Site last updated
November 2007

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Becoming a Magistrate

Could you help to deal with crime in our borough?

Criticism is levelled that Magistrates are not as representative as they might be, of the communities which they serve. As usual, this criticism is too often based on assumption rather than fact. This section seeks to give some information about Magistrates on Trafford Bench and answers some of these questions.

Who are we?

All Benches aim to be representative of all sections of the community according to ethnicity, occupation and residence. Trafford is no different.
Approximately 150 people serve as lay magistrates at Trafford Magistrates’ Court. They normally live or work within the area, and there is always a need to replace those who retire or move. The map shows the spread of residence of Trafford JPs.
The gender mix is almost exactly 50% male and 50% female.
Approximately 93% of the Bench belong to white ethnic groups. This is very close to the percentage of white ethnic groups that live in Trafford ( 93.8% at the 2001 census ). This means that minority ethnic representation on Trafford Bench is marginally greater than the proportion of the community we represent. In addition, a number of minority ethnic magistrates from Trafford sit on Manchester Bench

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How can I apply to become a Magistrate

Lay magistrates in England and Wales, except in the Duchy of Lancaster, are appointed by the The Secretary of State for Constitutional Affairs and Lord Chancellor on behalf and in the name of the Sovereign.

Candidates are recommended to the Secretary of State for Constitutional Affairs and Lord Chancellor for appointment by his local Advisory Committees, which consist of magistrates and other local people. The Secretary of State for Constitutional Affairs and Lord Chancellor will consider a candidate's personal suitability for appointment regardless of ethnic origin, gender, marital status, sexual orientation, political affiliation, religion or, subject to the physical requirements of the office, disability.
No formal qualifications are required. In making their recommendations, Advisory Committees not only consider the personal suitability of candidates but also the number of vacancies and the need to ensure that the composition of each bench broadly reflects the community which it serves.

Applicants should be between the ages of 18 and 70.

If you have time available for this service to the community and think that you can solve problems in a fair and structured manner, then apply to:

Who can be appointed

There is no requirement for an applicant to have any formal qualifications.

With a few exceptions anyone is eligible to serve as a magistrate if between the ages of 18 and 70. However, the Lord Chancellor will not appoint:

  • anyone who is not of good character and personal standing
  • an undischarged bankrupt
  • anyone who, because of a disability, cannot carry out all of the duties of a magistrate
  • a serving member of Her Majesty's Forces; a member of a police force or a traffic warden or any other occupation which might be seen to conflict with the role of a magistrate
  • a close relative of a person who is already a magistrate on the same Bench
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Magisterial qualities

The following are the six key qualities sought from those becoming magistrates

  • Good character
    Personal integrity - respect and trust of others - respect for confidences - absence of any matter which might bring them or the Magistracy into disrepute - willingness to be circumspect in private, working and public life
  • Understanding and communication
    Ability to understand documents, identify and comprehend relevant facts and follow evidence and arguments - ability to concentrate - ability to communicate effectively.
  • Social awareness
    Appreciation and acceptance of the rule of law - understanding of the local communities and society in general - respect for people from different ethnic, cultural or social backgrounds - experience of life beyond family, friends and work.
  • Maturity and sound temperament
    Ability to relate to and work with others - regard for the views of others - willingness to consider advice - maturity - humanity - courage - firmness - decisiveness - confidence - a sense of fairness - courtesy.
  • Sound judgement
    Common sense - ability to think logically, weigh arguments and reach a balanced decision - openness of mind - objectivity - the recognition and setting aside of prejudices.
  • Commitment and reliability
    Reliability - commitment to serve the community - willingness to undertake at least 26 half day sittings a year - willingness to undertake the required training - ability to offer requisite time - support of family and employer - sufficiently good health.

How much time will it take?

Sitting in Court
There is a requirement that magistrates should sit 26 half day per year. This requirement is based on sitting as a magistrate in Adult Court. There are likely to be more sittings if a magistrate is on another panel (e.g. Youth or Family)
On average across England and Wales, magistrates sit between 35 and 45 half days per year. In Trafford, the average is 42 sittings.
Sittings are arranged on a flexible rota basis to suit Court business and Magistrates availability. In Trafford there is a random rather than a regular sitting pattern, although it is possible to arrange for magistrates whose lifestyle requires demands a regular pattern.

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Extra time will be required for training. The law changes regularly, and it is important that magistrates keep up to date with changes in both law and practice.
At Trafford we have a state of the art training facility and a programme of training events for magistrates is published at the beginning of each year. This highlights events that are either mandatory, essential or of local information or relevance.
Visits are also arranged to Prisons, Young Offender Institutions, Probation, Attendance Centres, and other places of help to magistrates in their deliberations.

All of these take time, but are important if magistrates are to be able to carry out their duties in a professional manner.

Other Court Activities
There are other activities in which magistrates are encouraged to become involved in if they wish and if they have the time.
e.g.

  • Mentoring new magistrates
  • Appraising magistrates
  • Committee roles such as Bench Training and Development Committee and Advisory Committee
  • Bench and Panel roles such as Chair and Deputy Chair
  • Magistrates in the Community (see MIC page)

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